HomeMy WebLinkAboutItem #07 Approval of First Amendment to Traffic Enforcement Agreement with Westyn Bay Townhomes a
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AGENDA ITEM COVER SHEET
Meeting Date: August 7, 2018
Item # /
Reviewed By: /
Contact Name: Lt. Scott Nylander Department Director: Chief Charl- L . Brown
Contact Number: X3315 City Manager: Rob Frank F ,
Subject: First Amendment to Traffic Enforcement Agreement with Westyn B- • • , homes
Background Summary:
Westyn Bay Townhomes originally entered into a traffic enforcement agreement with the City of Ocoee on August
18, 2009. The term of the agreement was two years from the effective date, but the agreement automatically
renewed for additional two-year terms at the end of each two-year term, unless the Agreement is terminated in
accordance with the agreement. As of July 26, 2018, neither party has requested the agreement be terminated.
Westyn Bay Townhomes is currently requesting the initial traffic enforcement agreement be updated with a new
main address for the neighborhood and update the Home Owners Association contact and signature information.
The First Amendment to Traffic Enforcement Agreement updates this requested information.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve the First Amendment to Traffic
Enforcement Agreement with Westyn Bay Townhomes?
Recommendations:
Staff recommends the Honorable Mayor and Board of City Commissioners approve the First Amendment to
Traffic Enforcement Agreement with Westyn Bay Townhomes.
Attachments:
Agreement and First Amendment to Traffic Enforcement Agreement with Westyn Bay Townhomes.
Financial Impact: There is no financial impact.
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading )( Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier on July 9, 2018 N/A
Reviewed by Finance Dept. N/A
Reviewed by N/A
TRAFFIC ENFORCEMENT AGREEMENT
Westyn Bay Community Association, Inc.
THIS TRAFFIC ENFORCEMENT AGREEMENT("Agreement") is made
and entered into as the(la day of 6`p`.),(070 l ( ), (the"Effective Date")by and
between Westyn Bay Community Association,Inc.,whose mailing address is c/o
Sutherland Management, Inc., 107 North Line Drive, Apopka, FL 32703 (hereinafter
referred to as the"Association")and the CITY OF OCOEE, a Florida municipal
corporation,whose mailing address is 150 North Lakeshore Drive, Florida 34761
(hereinafter referred to as the"City").
WITNESSETH:
WHEREAS,the Association is a not-for-profit corporation existing pursuant to
and in accordance with Florida Statutes, Chapter 617, Corporations Not For Profit, §§
617.301-617.312; and
WHEREAS,the Association is a homeowners association organized pursuant to
Florida Statutes, Chapter 720, Homeowners' Association, General Provisions, §§
720.301-720.313; and
WHEREAS,the Association owns and/or controls those private roads within the
(subdivision)which is located in Orange County, Florida,and within the corporate limits
of the City of Ocoee, Florida, said private roads being those roads within the
(subdivision) (hereinafter referred to as the"Private Roads"); and
WHEREAS, Florida Statutes,Chapter 316, State Uniform Traffic Control §
316.006(2)(b)regarding jurisdiction authorizes the City, subject to certain provisions,to
enter into an agreement with the Association whereby the Association grants unto the
City traffic control jurisdiction over the Private Roads within the subdivision controlled
by the Association; and
WHEREAS, Florida Statutes, Chapter 316, State Uniform Traffic Control, §
316.640(3)regarding enforcement authorizes the City to require that the City police
department enforce the traffic laws of the State of Florida on any private roads pursuant
to a written agreement under Florida Statutes, § 316.006(2)(b); and
WHEREAS,the Association and the City desire to have the Association grant
unto the City traffic control jurisdiction over the Private Roads as authorized by Florida
Statutes § 316.006(2)(b) so that the City may enforce the traffic laws of the State of
Florida on the Private Roads; and
WHEREAS,this Agreement has been duly approved and authorized by the
Association in accordance with its Articles of Incorporation, Bylaws, and other
applicable governing documents.
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NOW,THEREFORE, in consideration of the premises and other good and
valuable considerations exchanged between the parties hereto,the receipt and sufficiency
of which is hereby acknowledged,the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporate
herein by this reference.
Section 2. Traffic Control Jurisdiction. The Parties agree that the City shall
have traffic control jurisdiction over the Private Roads and that officers of the City police
department are authorized to enter upon the Private Roads for the purpose of enforcing
uniform traffic control laws on the Private Roads. The exercise of jurisdiction provided
for herein shall be in addition to jurisdictional authority presently exercised by the City
under law,and nothing in this Agreement shall be construed to limit or remove any such
jurisdictional authority. Such existing jurisdiction includes,but is not limited to, the
regulation of access to the Private Roads by security devices or personnel.
Section 3. Traffic Enforcement. The City hereby agrees that the police
department will enforce Florida Statutes, Chapter 316, State Uniform Traffic Control and
the Code of the City of Ocoee, Chapter 168,Vehicles and Traffic, on the Private Roads;
provided,however,that the foregoing shall not be construed to require any minimum
level of staffing or create any priority for traffic enforcement on the Private Roads vis-a-
vis public roadways or other private roads. All decisions regarding the level of traffic
enforcement on the Private Roads and staffing related thereto shall be within the sole
discretion of the City police department.
Section 4. Traffic Control Signs and Markings. All traffic control signs and
markings within the subdivision shall be in compliance with the Manual on Uniform
Traffic Control Devices (MUTCD), and shall be installed and maintained by the
Association. The City shall have the right at any time to require installation, maintenance
and modification of traffic control signs and other traffic control apparatus as the City
may deem to be necessary for the enforcement of traffic laws on the Private Roads.
Section 5. Traffic Enforcement Fee. In consideration for the City exercising
traffic control jurisdiction over the Private Roads, the Association hereby agrees to pay to
the City an annual Traffic Enforcement Fee ("Annual Fee"). The initial Annual Fee
under this Agreement will be set at$ 0.00. The parties hereby agree that the Annual Fee
is made as reimbursement for(i)the actual costs of traffic control and enforcement,and
(ii)the additional liability insurance costs incurred by the City as a result of this
Agreement.
Section 6. Indemnification. The Association hereby agrees to indemnify and
hold the City harmless from and against all losses, costs,expenses, claims, damages,
judgments, liabilities and causes of action whatsoever(collectively, "Claims") including
reasonable attorneys' fees and paralegal fees,both at trial and at appellate levels, arising
out of or alleged to have arisen out of the City entering into this Agreement. Nothing
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herein shall be construed to include within the foregoing indemnity and liability on the
part of the Association for Claims arising out of acts of negligence by the City. The City
shall use its best efforts to promptly notify the Association in writing of any Claims based
on this Agreement and shall provide the Association with information regarding the
Claims based on this Agreement as the Association may reasonably request,but the
failure to give such notice or provide such information shall not diminish the obligations
of the Association under this Section. No Claims whatsoever shall be made or asserted
against the City by the Association for or on account of anything done or as a result of
anything done or not done in connection with this Agreement.
Section 7. Term; Termination. The term of this Agreement shall be two (2)
years from the Effective Date(the"Term");provided,however,that this Agreement may
be terminated by either party upon sixty(60) days written notice to the address first
appearing in this agreement. This Agreement will automatically renew for an additional
two-year term at the end of each two-year term unless the Agreement has been terminated
in accordance with this Section.
Section 8. Applicable Law. This Agreement and the provisions contained
herein shall be liberally construed and interpreted according to the laws of the State of
Florida.
Section 9. Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understanding
and agreements,with respect to the subject matter hereof. The parties shall make
amendments to and waivers of the provisions of this Agreement only in writing and by
formal amendment.
Section 10. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together
shall constitute one and the same instrument.
Section 11. Captions. Captions of the Sections and Subsections of this
Agreement are for convenience and reference only, and the words contained therein shall
in on way be held to explain, modify, amplify or aid in the interpretation, constriction or
meaning of the provisions of this Agreement.
Section 12. Severability. If any sentence,phrase, paragraph,provision or
portion of this Agreement is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portion hereof.
Section 13. Effective Date. The Effective Date of this Agreement shall be the
date first appearing in this Agreement and shall coincide with the date the Agreement is
executed by the City.
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IN WITNESS WHEREOF, the Association and the City have caused this
instrument to be executed by their duly authorized officers as of the day and year first
above written.
ASSOCIATION
Signed, sealed and delivered
In the presence of:
By.
Zrneitaqv7ay Title: Yossle..vC
eldrell) (CORPORATE SEAL)
Pr' NR,UGY G. PO7Viry Executed on e.c,2 - e t- `1� ?-o‘o
STATE OF FLORIDA
COUNTY OF ORR/VG G
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in
the S to and County aforesaid to take acknowledgements,personally appeared and who
(_ is personally known to me or(_)produced
Identification and that he/she acknowledged executing the same in the presence of two
subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses
and proposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid the
141, day orbece,r)Ito•ec , a,O tO .
Signa re of Nota
NANCY c, diN I M C / a7Y,
t: Notary Pak-State of Resift
4 • • My Comm.Expires Jun 16,2013 Name of Notary(Typed,Printed,or Stamped)
Commission N DD 897306
r' t` Isnd.d ational N
1M�N Notary Mss. Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
Revised August 18, 2010 4
MLA 160902U
City of ucoee - Document Management System
CITY:
Signed, sealed and delivered in the CITY OF OCOEE,FLORIDA
Bence o :
By: .aV bc\i,„te7t
Print ame .e �, - fl` i i S. ScottVandergrift, Mayor
Alii -AA-Ii-k-k--I-CL ----- , ' r 1
Attest: go'. IS' ''
Print Name "1-‘ l...1J‘V0,1-nS ikenberry, City Clerk s
(SEAL)
Executed on: Sept. (p , b j
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE,FLORIDA. COMMISSION AT A MEETING HELD
Appr ved as to fo m d legalityON to ,2011 ,UNDER
this day of ,201/ AGENDA ITEM NO. .6 .
Foley & L ner LLP
dAjf%era
By:
City Attorney
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in
the Sate and County aforesaid to take acknowledgements,personally appeared S.
SCOTT VANDERGRIFT and BETH EIKENBERRY,personally known to me to be
the Mayor and City Clerk, respectively,of the CITY OF OCOEE,FLORIDA and that
they severally acknowledged executing the same in the presence of two subscribing
witnesses, freely and voluntarily under authority duly vested in them by said
municipality.
WITNESS my hand and official seal in the County and State last aforesaid this
tp day of 39)\-cm4tex l\
Signature of Notary *40. MY COMMISSION t DD 860604
EXPIRES:January 22,2013
4.,47,0,,,,,. Bonded Thn Budget Notary Senn
Name of Notary(Typed,Printed or Stamped)
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
Revised August 18, 2010 5
City o '6 '"rea ... cictur tent a emer System
FIRST AMENDMENT TO
TRAFFIC ENFORCEMENT AGREEMENT
Westyn Bay Townhomes
THIS FIRST AMENDMENT TO TRAFFIC ENFORCEMENT
AGREEMENT ("Amendment") is made and entered into as the day of ,
2018, (the "Effective Date") by and between TOWNS OF WESTYN BAY COMMUNITY
ASSOCIATION INC., a Florida not for profit corporation, whose mailing address is c/o
2400 Marotta Loop, Ocoee, FL 34715 (hereinafter referred to as the "Association") and
the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150
North Lakeshore Drive, Ocoee, Florida 34761 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Association owns and/or controls those private roads within the
Towns of Westyn Bay subdivision which is located in Orange County, Florida, and
within the corporate limits of the City of Ocoee, Florida, (hereinafter referred to as the
"Private Roads"); and
WHEREAS, Chapter 316, Florida Statutes, authorizes the City, subject to certain
provisions, to enter into a Traffic Enforcement Agreement ("Agreement") with the
Association whereby the Association grants unto the City traffic control jurisdiction over
the Private Roads within the subdivision; and
WHEREAS, on August 18, 2009 the City and the Association entered into such
an Agreement wherein the Association granted unto the City traffic control jurisdiction
over the Private Roads as authorized by section 316.006(2)(b), Florida Statutes, so that
the City can enforce the traffic laws of the State of Florida on the Private Roads; and
WHEREAS, the parties now desire to amend the Agreement to update certain
provisions of the Agreement.
NOW, THEREFORE, in consideration of the premises and other good and
valuable considerations exchanged between the parties hereto, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
Section 2. Change of Address and Officers. The Parties agree that the address
for the Association shall be as reflected on the first page of this Amendment. Association
President is Jorge Sevilla and Treasurer is Thomas Kosar.
Section 3. Notice. Any notice delivered with respect to the Agreement or this
Amendment shall be in writing and be deemed to be delivered (whether or not actually
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received) when (i) hand delivered to the other party, or (ii) when sent by overnight
courier service for next business day delivery (i.e., Federal Express), addressed to the
party at the address set forth on the first page of this Amendment, or such other person or
address as the party shall have specified by written notice to the other party delivered in
accordance herewith. The parties agree that future notice of change of address or change
of the names of officers of the Association may be given by the Association to the City in
a written notice in accordance with this Section.
Section 4. Ratification of Prior Agreements. Except as amended hereby, the
Agreement remains unchanged and in full force and effect, and each of the parties hereto
hereby ratifies and confirms the terms and conditions of the Agreement. In the event of
any conflict between the Agreement and this Amendment it is agreed that this
Amendment shall control.
Section 5. Counterparts. This Amendment may be executed in any number
of counterparts, each of which shall be deemed to be an original but all of which together
shall constitute one and the same instrument.
Section 6. Severability. If any sentence, phrase, paragraph, provision or portion
of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereof.
Section 7. Effective Date. The Effective Date of this Amendment shall be the
date appearing on the first page of this Amendment and shall coincide with the date the
Amendment is executed by the City.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Association and the City have caused this
instrument to be executed by their duly authorized officers as of the day and year first
above written.
ASSOCIATION
Signed, sealed and delivered
In the presence of:
By:
Print Name Name: Jorge Sevilla
Title: President
Print Name Executed on:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgements, personally appeared and who
O is personally known to me or O produced
Identification and that he/she acknowledged executing the same in the presence of two
subscribing witnesses, on behalf of said corporation, freely and voluntarily, for the uses
and proposes therein expressed.
WITNESS my hand and official seal in the County and State last aforesaid the
day of
Signature of Notary
Name of Notary (Typed, Printed,or Stamped)
Commission Number(if not legible on seal):
My Commission expires(if not legible on seal):
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CITY:
CITY OF OCOEE, FLORIDA
By:
Rusty Johnson, Mayor
Attest:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY
BY THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
Approved as to form and legality ON , UNDER
this day of ,20 . AGENDA ITEM NO.
Shuffield Lowman & Wilson P.A.
By:
City Attorney
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